John Cornyn, Ted Cruz split on approach to military sexual assaults

WASHINGTON — Texas’ Republican senators have found themselves on opposite sides of an issue up for debate in the Senate this week — how the military handles sexual assault cases.

Sen. John Cornyn wants to keep decisions about which cases to prosecute in the hands of military commanders, within the victim’s chain of command. Sen. Ted Cruz supports a bill that would shift such decisions to independent military prosecutors, aiming to encourage more victims to report their assaults.

The Pentagon estimates that 26,000 service members experienced unwanted sexual contact in 2012. But only 3,374 sexual assaults were formally reported. Cruz and other supporters of the bill believe reporting will increase if military personnel can report to a third party rather than a superior who might be involved or biased toward the alleged perpetrator.

The issue, part of a larger defense spending bill that the Senate will consider this week, hasn’t split senators along party lines. So the fact that Cornyn and Cruz have taken opposing stances may reflect a judgment call more than any ideological gap, political and legal experts said.

“Both men as attorneys were strong attorneys and well-opinioned attorneys,” said Bill Miller, an Austin-based Republican strategist who has worked for Cornyn. “Neither have a tendency to fall in line with someone else.”

Cruz and Cornyn were initially on the same side until Cruz heard the argument made by the bill’s author, Democratic Sen. Kirsten Gillibrand of New York, during a hearing this summer.

“She made a powerful and effective argument that the lack of reporting is driven by a fear of not having an impartial third-party outside the chain of command in which to report a sexual assault,” Cruz told the Senate Armed Services Committee in June.

Since then, Cruz has appeared with Gillibrand at two news conferences — marking rare moments of bipartisanship for a tea party senator who regularly clashes with Democrats.

Gillibrand’s argument didn’t have the same effect on Cornyn. The two met near the end of September, and Gillibrand said in a recent interview that she left the meeting thinking Cornyn might support the bill.

Last week, Cornyn told reporters that while sexual assaults should not be tolerated, the better option for the military is to create a special counsel to help victims.

“What this would do is not break the chain of command, which is absolutely critical to maintaining order,” Cornyn said.

Cruz and Cornyn share similar conservative voting records. But given Cruz’s meteoric rise as a tea party favorite, political observers have paid close attention to gaps between the two. Cruz was the biggest cheerleader for a push to strip funding from the Affordable Care Act, even amid the government shutdown, while Cornyn criticized the strategy.

Cruz has refrained from endorsing Cornyn, who is running for re-election next year, though he has donated to Cornyn’s campaign. Last year, Cornyn remained neutral as Cruz defeated Lt. Gov. David Dewhurst in a hotly contested GOP primary runoff.

Gillibrand, viewed as one of the more liberal senators, said her bill has majority support, though she’s aiming to win 61 votes to overcome any potential filibuster. In addition to Cruz, Sen. Rand Paul of Kentucky, another Republican popular with the tea party, is on board.

“They made a huge difference, and their advocacy is extremely valuable,” Gillibrand said. “They speak from the heart. They want to see a commonsense reform, and they want to protect victims.”

Both Cruz and Paul have their eyes on running for president in 2016. While their ambitions may not have factored into their views on Gillibrand’s bill, supporting it could pay off politically, Miller said.

“The tea party favorites have typically come off as being a little insensitive to women,” Miller said. “This is a chance to show some sensitivity and show some leadership on an important issue.”

Women who have served in uniform aren’t united behind Gillibrand’s proposal.

Retired Maj. Gen. K.C. McClain, a Plano resident who spent 33 years in the Air Force, served as commander of the Air Force Personnel Center at Randolph Air Force Base in San Antonio. She commanded a task force that examined the issue of sexual assault and said she’s leery about taking decisions out of the chain of command.

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